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What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Help Starting Divorce Process

  • Sunflower1984
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11 Apr 20 #512084 by Sunflower1984
Topic started by Sunflower1984
Situation-

Married ten years
Separated four years
Three children
Shared ownership home (50% ours)
Ex rents privately with girlfriend
I work part time and receive tax credits

After lots of dragging of heels he has agreed via email that it makes sense for me to stay in our house and buy him out.

I don’t even know where to start. We can do lots of this amicably via email but how do I even go about this process? I’m clueless... how do I reach a ballpark figure of what ‘payoff’ he’d get to transfer the mortgage into my name?

ANY advice would be appreciated Lû

  • hadenoughnow
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12 Apr 20 #512086 by hadenoughnow
Reply from hadenoughnow
Welcome to Wikivorce but sorry you find yourself here.

The actual divorce is the easy bit. If you've been separated for more than two years you can use two years separation by consent as the grounds and apply via the government website or use a simple solicitor managed service such as that offered by this site. The court fee is £550. Fee remission is available to those on low incomes.

The financial settlement can be trickier. It is usually a good idea to get this out of the way before Decree Absolute. If you can reach agreement, you can get a Consent Order drawn up and submitted to the court for approval once there is a Decree Nisi in place. Again this is something we can help with. Give the helpline a call to discuss.

Financial settlement is based on needs and the means you have between you to meet them. Needs are those for housing and income, now and in the future. The needs of any children are a priority.

Depending on the circumstances you may not have to pay anything out now; there may be an arrangement whereby he gets his share when the children are older and can be independent.

We can help you to get an idea of what a fair settlement could look like. We would need to know

Ages
Incomes including any benefits
Length of marriage, plus any cohabitation
Children - ages, genders and arrangements
Value of former marital home (FMH)
Outstanding mortgage
Size of FMH
Pensions type and CEV
Value of other assets in sole or joint names
(Inc savings, property, vehicles, valuables etc)
Debts/loans in sole or joint names
Any other factors that may h ave a bearing on any settlement such as health issues, inheritances etc

Hadenoughnow

  • Sunflower1984
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12 Apr 20 #512087 by Sunflower1984
Reply from Sunflower1984
Incredible thank you, feel like a weight has lifted off my shoulders already and I can stop wading through pages and pages online and getting myself in a panic! I will reply later when my children are in bed and I can find those figures.

I guess it’s not going to happen this year with everything that’s going on right now but I’m in no major rush, it’s been four years already :laugh:

Have a good day and thank you again for replying

  • hadenoughnow
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12 Apr 20 #512089 by hadenoughnow
Reply from hadenoughnow
My pleasure :).

  • Sunflower1984
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12 Apr 20 #512098 by Sunflower1984
Reply from Sunflower1984
Ages - I’m 36, he’s 37

Incomes including any benefits
I’d guess his income is a max of £24k/pa but it’s not something I can ask. I receive £885 a month wages after tax, £235 a week tax credits, £193 a month child benefit and £44 per month child maintenance (from my husband)

Length of marriage, plus any cohabitation - we bought our house July 2006, married May 2010, he moved out October 2015

Children - ages, genders and arrangements - girl 11, boy 8 and girl 2. All are his and he’s on the birth certificates. He has the older two at weekends but doesn’t have contact with our youngest (his choice) - you’ll realise the youngest was conceived after we separated... these things happen! :blush:

Value of former marital home (FMH) zoopla estimate is £267k (so our 50% would be £133,500) but I haven’t had a ‘proper’ valuation done

Outstanding mortgage £43k

Size of FMH - four bedrooms

Pensions type and CEV - I’ve worked in education for nearly 20 years and am in the Local Government Pension Scheme. No idea about his pension plans.

Value of other assets in sole or joint names None

Debts/loans in sole or joint names None

Any other factors - he hasn’t contributed to mortgage since he moved out, Ive paid everything from my personal account. Don’t know if this is taken into account. Also I’ve paid to have bathroom refitted, some new carpets, new double glazing... and have receipts for this work. Again would this be reimbursed as such?

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16 Apr 20 #512148 by Sunflower1984
Reply from Sunflower1984
Can anyone help explain what I need to do next please?

Am going round in circles...

Many thanks

  • rubytuesday
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17 Apr 20 #512151 by rubytuesday
Reply from rubytuesday
The first thing you need to do is start the divorce process. As you've been separated for 4 years, you could use 2 years separation as the ground, providing your ex will agree to this. If not, you will need to use behaviour, or wait another year and use 5 years separation.

Our guide to divorce takes you through each step - www.wikivorce.com/divorce/Guides-Divorce...-Initial-Checks.html

Wikivorce has a low cost fixed fee divorce service, managed by solicitors, the advantages of using such a service is that everything is completed properly and they do everything for you, leaving you free to focus on tidying up the financial settlement, ready to be written into a Consent Order after your Decree Nisi is granted. You are welcome to call the helpline.

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